Terms of Service

1. Introduction

Welcome to Pearl Gallery. These terms of service ("Terms") govern your use of our website and the purchase of our products. By accessing our website or making a purchase, you agree to be bound by these Terms.

Nexus Agencies (trading as Pearl Gallery) ("we", "us", "our") operates this website and provides pearl jewellery products to customers. We are located in United Kingdom.

These Terms are governed by the laws of the State of Delaware and applicable US federal law. Any disputes will be subject to the jurisdiction of the courts of Delaware.

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on +44 330 174 7540 (International charges apply).

Application

These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Nexus Agencies (trading as Pearl Gallery), whose trading name is Pearl Gallery, a UK company whose trading address is 2 East Street, South Molton, Devon, EX36 3BU, United Kingdom with email address [email protected]; telephone number +44 330 174 7540; (the Supplier or us or we).

Important Notice for US Customers: We are a UK-based company shipping internationally to the United States. You are responsible for all customs duties, import taxes, and any other fees imposed by US customs or other authorities. These charges are not included in our prices and will be collected separately upon delivery or by customs authorities.

These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

• Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
• Contract means the legally-binding agreement between you and us for the supply of the Goods;
• Delivery Location means the address in the United States where the Goods are to be supplied, as set out in the Order;
• Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
• Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
• Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
• Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
• Website means our website https://pearlgallery.co.uk on which the Goods are advertised.

Goods

The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.

In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

All Goods which appear on the Website are subject to availability.

We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information

We retain and use all information strictly under the Privacy Policy.

We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

Any quotation is valid for a maximum period of days from its date, unless we expressly withdraw it at an earlier time.

No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Price and Payment

The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing. Prices are displayed in USD ($) and do not include customs duties, import taxes, or any other fees that may be imposed by US customs or authorities.

Important: US customers are responsible for all import duties, customs fees, and taxes. These charges are NOT included in our prices and will be collected separately by customs authorities or the delivery carrier.

You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Delivery

We will deliver the Goods to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 45 days after the day on which the Contract is entered into (allowing for international shipping from the UK to the USA).

International Shipping Notice: Delivery times to the United States typically range from 7-21 business days. Delays may occur due to customs processing. You are responsible for providing accurate delivery information and any customs documentation required.

In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if: we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.

If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to the international carrier for shipment to the United States.

You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal, returns and cancellation

You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

As an international distance contract, you have the right to cancel your order within 30 days of receipt (Cancellation Rights). These Cancellation Rights, however, do not apply to goods that are made to your specifications or are clearly personalised; goods which are liable to deteriorate or expire rapidly.

Also, the Cancellation Rights for a Contract cease to be available in the following circumstances: in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

Right to cancel

Subject as stated in these Terms and Conditions, you can cancel this contract within 30 days without giving any reason.

The cancellation period will expire after 30 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods.

To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). In any event, you must be able to show clear evidence of when the cancellation was made.

You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our website https://pearlgallery.co.uk. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Deduction for Goods supplied

We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you.

Timing of reimbursement

We will make the reimbursement without undue delay, and not later than: 14 days after the day we receive back from you any Goods supplied, or (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

Important for US Customers: Returns must be sent to our UK address: Unit 1, Bulls Marsh, South Molton, Devon, EX36 4LQ, United Kingdom. You are responsible for international return shipping costs and any customs declarations required. We strongly recommend using tracked and insured shipping for international returns.

If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods to the address above without delay and in any event not later than 30 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 30 days has expired. You agree that you will have to bear the cost of returning the Goods.

Conformity and Guarantee

We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

Upon delivery, the Goods will: be of satisfactory quality; be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and conform to their description.

It is not a failure to conform if the failure has its origin in your materials.

We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.

Successors and our sub-contractors

Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

In the event of any failure by a party because of something beyond its reasonable control: the party will advise the other party as soon as reasonably practicable; and the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.

Privacy

Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://pearlgallery.co.uk/shopping-at-pearl-gallery/faq/privacy-policy) and cookies policy (https://pearlgallery.co.uk/shopping-at-pearl-gallery/faq/cookies).

For the purposes of these Terms and Conditions: 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR and applicable US privacy laws. 'GDPR' means the UK General Data Protection Regulation. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

We are a Data Controller of the Personal Data we Process in providing Goods to you.

Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws: before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected; we will only Process Personal Data for the purposes identified; we will respect your rights in relation to your Personal Data; and we will implement technical and organisational measures to ensure your Personal Data is secure.

For any enquiries or complaints regarding data privacy, you can e-mail: [email protected].

Excluding liability

The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing law, jurisdiction and complaints

The Contract (including any non-contractual matters) is governed by the law of England and Wales.

Note for US Customers: While our Terms are governed by English law, you may have additional rights under US federal and state consumer protection laws that cannot be waived. Nothing in these Terms limits any rights you may have under applicable US law.

Disputes will be submitted to the jurisdiction of the courts of England and Wales. However, US customers may also have rights to pursue claims in US courts under applicable laws.

We try to avoid any dispute, so we deal with complaints as follows: If you have a complaint, please contact us at [email protected] or by phone on +44 330 174 7540 (international charges apply) and we will aim to resolve it as quickly as possible.